Cap 479 s 2 Interpretation (NUCLEAR MATERIAL (LIABILITY FOR CARRIAGE) ORDINANCE)

Contents of Section

Chapter:	479	Title:	NUCLEAR MATERIAL (LIABILITY FOR CARRIAGE) ORDINANCE	Gazette Number:	64 of 1999
Section:	2	Heading:	Interpretation	Version Date:	01/07/1997

Remarks:

Adaptation amendments retroactively made - see 64 of 1999 s. 3

(1) In this Ordinance, unless the context otherwise requires-
"excepted material" (列為例外材料) means nuclear material consisting only of one or more of the following, that is to say-

(a) isotopes prepared for use for industrial, commercial agricultural, medical, scientific or educational purposes;

(b) natural uranium;

(d) nuclear material of such other description, if any, as may be excluded from the operation of the relevant international agreement by the relevant law;

"home territory" (裝置所在地區), in relation to a relevant operator, means the relevant territory in which, for the purposes of a relevant international agreement, he is the operator of a relevant installation;
"injury" (傷害) means personal injury and includes loss of life;
"nuclear material" (核材料) means, subject to any exceptions which may be prescribed-

(a) any fissile material in the form of uranium metal, alloy or chemical compound (including natural uranium), or of plutonium metal, alloy or chemical compound, and any other fissile material which may be prescribed; and

(b) any radioactive material produced in, or made radioactive by exposure to the radiation incidental to, the process of producing or utilizing any fissile material as aforesaid;

"occurrence" (事故), in sections 9(1) and (2) and 10(3), means in the case of a continuing occurrence the whole of that occurrence;
"relevant carriage" (有關運載), in relation to nuclear material, means carriage on behalf of-

(a) a relevant operator; or

(b) a person authorized to operate a nuclear reactor which is comprised in a means of transport and in which the nuclear material in question is intended to be used;

"relevant contribution" (有關分擔款項), in relation to any claim, means any sums falling by virtue of any relevant international agreement to be paid by the government of any relevant territory towards the satisfaction of that claim;
"relevant foreign judgment" (有關外地判決) means a judgment of a court of a relevant territory other than Hong Kong which, under a relevant international agreement, is to be enforceable anywhere within the relevant territories;
"relevant installation" (有關裝置) means an installation to which a relevant international agreement applies;
"relevant international agreement" (有關國際協議) means an international agreement with respect to third-party liability in the field of nuclear energy which has been applied to Hong Kong, other than an agreement relating to liability in respect of nuclear reactors comprised in means of transport;
"relevant law" (有關法律) means the law of a relevant territory regulating in accordance with a relevant international agreement matters falling to be so regulated and, in relation to a particular relevant operator, means such law of his home territory;
"relevant operator" (有關營運者) means a person who, for the purposes of a relevant international agreement, is the operator of a relevant installation in a relevant territory;
"relevant territory" (有關地區) means a country, territory or place to which for the time being a relevant international agreement applies; (Amended 64 of 1999 s. 3)
"special drawing rights" (特別提款權) means units of account as used by the International Monetary Fund and known as special drawing rights;
"territorial limits" (領地範圍) includes territorial waters.
(2) References in this Ordinance to the carriage of nuclear material shall be construed as including references to any storage incidental to the carriage of that material before its delivery at its final destination.
(3) Any question arising under this Ordinance as to whether-

(a) any person is a relevant operator;

(b) any law is the relevant law with respect to any matter; or

shall be determined by the Chief Executive. (Amended 64 of 1999 s. 3)
(4) The exceptions referred to in the definition of "nuclear material" may be prescribed by the Chief Executive in Council by order. (Amended 64 of 1999 s. 3)

(Enacted 1995)
[cf. 1965 c. 57 s. 26 U.K.]